STIPULATED AGREEMENT FOR JOINT ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY

STATE OF WEST VIRGINIA

IN THE FAMILY COURT OF [________________________________] COUNTY

Case No.: [____]-FC-[________]

[________________________________], Petitioner

v.

[________________________________], Respondent

RECITALS AND JURISDICTIONAL STATEMENT

A. The parties are the legal parents of the following minor child(ren):

B. This Agreement is submitted to the Family Court of [________________________________] County, West Virginia, which has jurisdiction pursuant to W. Va. Code Art. 48-9 and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), W. Va. Code Art. 48-20.

C. West Virginia is the home state of the child(ren). Both Parents reside in West Virginia: Parent A in [________________________________] County; Parent B in [________________________________] County.

D. The Parents have voluntarily agreed to the joint allocation of custodial responsibility and decision-making responsibility set forth below, consistent with the rebuttable presumption of equal custodial allocation under W. Va. Code § 48-9-206 (as amended by SB 463, effective June 10, 2022).

E. The Parents affirm that this Agreement serves the best interests of the child(ren) as defined in W. Va. Code § 48-9-102.

F. This Agreement is filed in connection with: ☐ Divorce proceedings ☐ Separate maintenance ☐ Paternity/parentage action ☐ Petition for custodial allocation ☐ Modification of prior order

Date of Execution: [__/__/____]

ARTICLE I: PRELIMINARY COMPLIANCE

1.1 Parent Education

Both Parents have completed the mandatory parent education course pursuant to W. Va. Code § 48-9-104 and Rule 37 of the Rules of Practice and Procedure for Family Court.

Parent A: ☐ Completed — Certificate filed [__/__/____] ☐ Pending ☐ Waived by Court
Parent B: ☐ Completed — Certificate filed [__/__/____] ☐ Pending ☐ Waived by Court

1.2 Parenting Worksheet

☐ Both Parents have completed and filed the Parenting Worksheet required by the Family Court, documenting the historical allocation of caretaking functions prior to separation.

1.3 Financial Statement

☐ Both Parents have filed the required Financial Statement with the Circuit Clerk.

1.4 Mediation

☐ This Agreement was reached through Family Court-approved mediation.
☐ This Agreement was reached through direct negotiation between the Parents (or their counsel).
☐ Mediation was waived. Reason: [________________________________]

ARTICLE II: JOINT ALLOCATION OF CUSTODIAL RESPONSIBILITY

2.1 Equal Custodial Allocation

Consistent with the presumption under W. Va. Code § 48-9-206, the Parents agree to equal (50/50) custodial responsibility, meaning each Parent shall have substantially equal time with the child(ren) as set forth in the schedule below.

Both Parents shall serve as the child(ren)'s primary caregivers during their respective custodial periods. Neither parent's home shall be designated as the "primary" residence for purposes of this Agreement, except as necessary for school enrollment (Section 2.6).

2.2 Regular Custodial Schedule

Select one:

☐ Alternating Weeks
- Parent A: From [________________________________] (day/time) through [________________________________] (day/time) — Week 1
- Parent B: Same pattern — Week 2
- Exchange day: [________________________________]

☐ 2-2-3 Rotation
- Monday and Tuesday: Parent A (every week)
- Wednesday and Thursday: Parent B (every week)
- Friday through Sunday: Alternating — Parent A (Week 1), Parent B (Week 2)

☐ 5-2-2-5 Rotation
- Monday and Tuesday: Parent A (every week)
- Wednesday and Thursday: Parent B (every week)
- Friday through Monday: Alternating — Parent A (Week 1), Parent B (Week 2)

☐ Custom Schedule (must approximate 50/50):
[________________________________]

2.3 Holiday and Special Occasion Schedule

Holidays supersede the regular schedule. The Parents agree to alternate as follows:

2.4 Summer Schedule

☐ The regular schedule continues through the summer.

☐ Modified summer schedule: [________________________________]

Each Parent shall have [____] uninterrupted weeks of vacation with the child(ren) during summer recess, with at least [____] days' written notice to the other Parent. Vacation periods shall not overlap. The Parent with fewer overnights during the regular schedule shall have first choice of vacation weeks.

2.5 Exchanges

Primary Exchange Location:
☐ The child(ren)'s school
☐ Neutral public location: [________________________________]
☐ Other: [________________________________]

Transportation: The receiving Parent shall be responsible for picking up the child(ren), unless otherwise agreed.

Punctuality: Parents shall arrive within [____] minutes of the scheduled exchange time. Persistent lateness (three or more occurrences within 60 days) shall be grounds for seeking modification.

2.6 School Enrollment Address

For purposes of school enrollment and residency, the child(ren) shall be enrolled using the address of Parent [____] at [________________________________]. This designation does not create a preference for custodial allocation or constitute a "primary residence" determination.

School District: [________________________________]
School Name: [________________________________]

2.7 Right of First Refusal

If either Parent is unable to personally care for the child(ren) for more than [____] consecutive hours during that Parent's custodial time, that Parent shall first offer the other Parent the opportunity to exercise custodial time before arranging third-party care. The other Parent shall respond within [____] hours. Routine school, daycare, and extracurricular activities are excluded from this provision.

ARTICLE III: JOINT DECISION-MAKING RESPONSIBILITY

3.1 Presumption of Joint Decision-Making

Pursuant to W. Va. Code § 48-9-207, when both Parents have been exercising a reasonable share of parenting functions, joint allocation of decision-making responsibility is presumed to be in the child(ren)'s best interests. The Parents agree to share decision-making responsibility jointly for all major decisions.

3.2 Major Decisions Requiring Joint Agreement

The following decisions require mutual agreement after good-faith consultation:

Education:
- School enrollment and transfers (public, private, charter, homeschool)
- Special education services, IEP placement, Section 504 accommodations
- Tutoring and educational testing
- College planning and applications

Healthcare:
- Selection of primary care physicians, dentists, and specialists
- Non-emergency medical, dental, and orthodontic treatment
- Vaccinations (except as required by school enrollment)
- Surgical procedures (non-emergency)
- Prescription medications for ongoing conditions

Mental Health:
- Initiation of counseling, therapy, or psychiatric treatment
- Selection of mental health providers
- Medication for mental health conditions

Other:
- Religious upbringing, instruction, and observance
- Extracurricular activities involving significant time or financial commitment
- Out-of-state travel exceeding [____] days
- International travel (requires both Parents' written consent)
- Application for a passport
- Legal proceedings involving the child(ren)
- Changes to the child(ren)'s name

3.3 Day-to-Day Decisions

Pursuant to W. Va. Code § 48-9-207, each Parent shall have sole authority for day-to-day decisions during that Parent's custodial time, including:

• Daily routine, meals, bedtime, and household rules
• Homework supervision and daily school matters
• Minor medical care (over-the-counter medications, first aid)
• Emergency medical decisions (with prompt notification to the other Parent)
• Selection of daily activities and recreation
• Reasonable discipline (corporal punishment ☐ is ☐ is not permitted)

3.4 Decision-Making Process

1. Initiation: The Parent identifying a decision shall notify the other Parent in writing (email, text, or co-parenting app) with relevant information.
2. Discussion: Parents shall discuss the matter within [____] business days.
3. Agreement: Decisions shall be made by mutual agreement. Both Parents shall approach decisions with flexibility and the child(ren)'s best interests as the paramount consideration.
4. Impasse: If Parents cannot agree after good-faith effort:
   - Step 1: Request a second discussion within [____] days
   - Step 2: Engage a Family Court-approved mediator
   - Step 3: Either Parent may file a motion with the Family Court
5. Emergency: The Parent with the child may make emergency decisions, with immediate notification to the other Parent and full consultation at the earliest opportunity.

3.5 Access to Information and Records

Both Parents shall have full and equal access to all records and information concerning the child(ren), including:

• School records, report cards, progress reports, and teacher communications
• Medical, dental, and mental health records
• Extracurricular activity records and schedules
• Childcare provider information
• Insurance information and claims

Both Parents shall be listed as emergency contacts and authorized persons at all schools, medical offices, and childcare facilities. Each Parent shall promptly share significant information received about the child(ren).

ARTICLE IV: COMMUNICATION

4.1 Method of Communication Between Parents

Parents shall communicate regarding the child(ren) through:
☐ Phone and text ☐ Email ☐ Co-parenting application: [________________________________] ☐ Other: [________________________________]

4.2 Parent-Child Communication

Each Parent shall ensure the child(ren) may communicate freely with the other Parent by phone, video call, or other electronic means at reasonable times. Neither Parent shall listen to, monitor, or record communications between the child(ren) and the other Parent.

Suggested schedule for calls/video: [________________________________]

4.3 Non-Disparagement

Neither Parent shall make disparaging, negative, or derogatory remarks about the other Parent, the other Parent's family members, or the other Parent's household in the child(ren)'s presence or hearing. Neither Parent shall permit others to do so. Neither Parent shall discuss the details of these legal proceedings with the child(ren) or question the child(ren) about the other Parent's private life.

4.4 Notification Obligations

Each Parent shall promptly notify the other of:
- Any emergency, illness, or injury involving the child(ren)
- Any change of address, telephone number, or email
- Any change of employment affecting the custodial schedule
- Any involvement of the child(ren) with law enforcement or the Department of Health and Human Resources (DHHR)
- Any change in household composition (new person residing in the home)
- Travel itinerary for out-of-state travel with the child(ren)

ARTICLE V: RELOCATION

5.1 Notice Requirements Under W. Va. Code § 48-9-403

A Parent who intends to relocate in a manner that would impair the custodial schedule must:

1. File a verified petition with the Family Court at least 90 days before the proposed relocation.
2. Serve the other Parent at least 60 days before the proposed relocation.
3. The Court shall hold a hearing at least 30 days before the proposed relocation.

Relocation constitutes a substantial change in circumstances under W. Va. Code § 48-9-401.

5.2 Definition of Relocation Triggering Notice

For purposes of this Agreement, "relocation" means any change in a Parent's residence that:
☐ Moves the Parent more than [____] miles from the current residence
☐ Moves the Parent to a different county
☐ Moves the Parent out of the state of West Virginia
☐ Would require a change in the child(ren)'s school
☐ Would materially impair the existing custodial schedule

5.3 Status Quo Pending Court Ruling

The current custodial schedule shall remain in effect until the Family Court rules on a relocation petition. Neither Parent shall unilaterally relocate with the child(ren).

ARTICLE VI: ADDITIONAL COVENANTS

6.1 Substance Use

Neither Parent shall use illegal controlled substances at any time. Neither Parent shall consume alcohol to the point of impairment during custodial time or within [____] hours before an exchange. Neither Parent shall operate a motor vehicle while impaired with the child(ren) in the vehicle.

6.2 Firearms Safety

All firearms in either Parent's household shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

6.3 Introduction of New Partners

Each Parent shall introduce new romantic partners to the child(ren) gradually and only after the relationship has become stable. No overnight guests of a romantic nature shall be present during custodial time until:
☐ The relationship has existed for at least [____] months
☐ The other Parent has been notified
☐ Other: [________________________________]

6.4 Consistency Across Households

The Parents shall make reasonable efforts to maintain consistent expectations regarding homework, bedtime, screen time, and core behavioral standards, while acknowledging that each Parent's household will reflect that Parent's individual style.

6.5 Attendance at Child's Events

Both Parents are welcome and encouraged to attend the child(ren)'s school events, extracurricular activities, performances, and competitions. Parents shall behave courteously toward one another at these events and shall not create conflict in the child(ren)'s presence.

6.6 Child's Personal Property

The child(ren) shall be permitted to transport personal belongings, clothing, school materials, electronics, and comfort items freely between households. Neither Parent shall withhold the child(ren)'s personal property as a form of leverage or punishment.

ARTICLE VII: INSURANCE AND MEDICAL EXPENSES

7.1 Health Insurance

☐ Parent A shall maintain health, dental, and vision insurance for the child(ren).
☐ Parent B shall maintain health, dental, and vision insurance for the child(ren).
☐ Both Parents maintain coverage. Primary: Parent [____]; Secondary: Parent [____].

7.2 Unreimbursed Medical Expenses

Unreimbursed medical, dental, vision, orthodontic, therapeutic, and prescription expenses shall be shared:
☐ Equally (50/50)
☐ Proportional to income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

The Parent incurring the expense shall provide documentation within [____] days. Reimbursement is due within [____] days.

7.3 Child Support

☐ Child support is addressed in a separate order under W. Va. Code Art. 48-13 and the WV Child Support Guidelines.
☐ Given the equal custodial allocation, child support is calculated as follows: [________________________________]

ARTICLE VIII: DISPUTE RESOLUTION

8.1 Direct Communication

Parents shall first attempt to resolve disputes through direct, respectful communication.

8.2 Mediation

If direct communication fails, Parents shall engage a Family Court-approved mediator before filing a motion with the Court. Mediation costs shall be shared ☐ equally ☐ proportional to income ☐ as follows: [________________________________].

Exception: Mediation is not required in cases involving allegations of domestic violence (W. Va. Code § 48-9-209) or where emergency relief is necessary.

8.3 Family Court

If mediation is unsuccessful, either Parent may file a motion with the Family Court of [________________________________] County, West Virginia.

8.4 Governing Law

This Agreement is governed by West Virginia law, specifically W. Va. Code Art. 48-9.

8.5 Appeals

Appeals from Family Court orders proceed to the Circuit Court of [________________________________] County, and thereafter to the West Virginia Intermediate Court of Appeals.

ARTICLE IX: MODIFICATION

9.1 Modification Standard

This Agreement may be modified upon a showing of substantial change in circumstances and that modification serves the child(ren)'s best interests (W. Va. Code § 48-9-401), or by mutual written agreement filed with and approved by the Family Court.

9.2 Circumstances Not Justifying Modification

The Parents acknowledge that under W. Va. Code § 48-9-401, the following alone do not justify significant modification absent harm to the child: involuntary loss of income, remarriage or cohabitation, and reasonable childcare arrangements.

9.3 Annual Review

The Parents agree to review this Agreement annually and discuss whether adjustments are appropriate.

ARTICLE X: GENERAL PROVISIONS

10.1 Severability. If any provision is held unenforceable, the remaining provisions remain in full force.

10.2 Integration. This Agreement, together with any court orders, constitutes the entire understanding regarding custodial allocation and decision-making responsibility.

10.3 Amendment. This Agreement may be amended only by written agreement of both Parents filed with and approved by the Family Court.

10.4 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, including by electronic signature, each deemed an original.

10.5 Enforcement. This Agreement, once incorporated into a Family Court order, is enforceable by contempt proceedings and all other remedies available under West Virginia law.

EXECUTION

We, the undersigned Parents, stipulate and agree to the foregoing Joint Allocation of Custodial Responsibility and Decision-Making Responsibility and respectfully request that the Family Court approve this Agreement and enter an appropriate order.

PETITIONER:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]
Address: [________________________________]
County: [________________________________]
Telephone: [________________________________]

RESPONDENT:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]
Address: [________________________________]
County: [________________________________]
Telephone: [________________________________]

VERIFICATION

STATE OF WEST VIRGINIA
COUNTY OF [________________________________]

I, [________________________________], being duly sworn, state that I am the ☐ Petitioner ☐ Respondent in this matter, that the statements in this Agreement are true and correct to the best of my knowledge and belief, and that this Agreement is entered into voluntarily and without coercion.

Signature: [________________________________]
Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [________________________________], 20[____].

Notary Public: [________________________________]
My Commission Expires: [__/__/____]

ORDER OF THE FAMILY COURT

STATE OF WEST VIRGINIA
FAMILY COURT OF [________________________________] COUNTY

Case No. [____]-FC-[________]

The Court, having reviewed the Stipulated Agreement for Joint Allocation of Custodial Responsibility and Decision-Making Responsibility, and finding that:

1. The Court has jurisdiction pursuant to W. Va. Code Art. 48-9 and the UCCJEA.
2. Both Parents have completed parent education (W. Va. Code § 48-9-104) or such requirement has been waived.
3. The Agreement reflects a voluntary and informed stipulation of both Parents.
4. The equal custodial allocation is consistent with the presumption of W. Va. Code § 48-9-206.
5. Joint decision-making responsibility is consistent with the presumption of W. Va. Code § 48-9-207.
6. The Agreement serves the best interests of the child(ren) under W. Va. Code § 48-9-102.
7. No limiting factors under W. Va. Code § 48-9-209 preclude approval of this Agreement.

IT IS THEREFORE ORDERED that the Stipulated Agreement is APPROVED, ADOPTED, and incorporated into this Order. The Parents shall comply with all provisions. Violation may result in contempt.

Date: [__/__/____]

[________________________________]
Family Court Judge
[________________________________] County, West Virginia

SOURCES AND REFERENCES

• W. Va. Code Art. 48-9: Allocation of Custodial Responsibility and Decision-Making Responsibility — WV Legislature
• W. Va. Code § 48-9-102: Objectives; Best Interests of the Child
• W. Va. Code § 48-9-104: Parent Education Requirement
• W. Va. Code § 48-9-205: Permanent Parenting Plan
• W. Va. Code § 48-9-206: Allocation of Custodial Responsibility (50/50 Presumption, SB 463)
• W. Va. Code § 48-9-207: Decision-Making Responsibility (Joint Presumption)
• W. Va. Code § 48-9-209: Limiting Factors
• W. Va. Code § 48-9-401: Modification of Parenting Plan
• W. Va. Code § 48-9-403: Relocation of a Parent
• W. Va. Code Art. 48-13: Child Support Guidelines
• W. Va. Code Art. 48-20: UCCJEA
• Rules of Practice and Procedure for Family Court — WV Judiciary
• Family Court Forms — WV Judiciary
• Parent Education Program — WV Judiciary
• Legal Aid WV, "Navigating West Virginia's New Custody Law" — Legal Aid WV